Content means all information and services displayed or provided by this Site. All Content belongs to or is licensed to LakeMed Care and Rehabilitation (LakeMed). Content includes text, photographs, artwork, graphics, icons, logos, audio, sounds, music, video, data compilations, user interfaces, visual interfaces, computer code, methods, “look and feel,” and arrangement of the Content. Content is protected by law including copyright.
LakeMed offers the services available on its Site conditioned upon your acceptance of all the limitations of use and prohibited activities set forth in this Agreement. Your continued use of the Site following the posting of changes means that you accept and agree to the changes. As long as you comply with this Agreement, LakeMed grants you a limited, non-exclusive, non-transferable, revocable privilege to enter and use the Site. Specific usage rights include:
- Display the Content for your immediate, temporary, personal, non-commercial uses only, such as for determining the suitability of LakeMed services to your needs;
- Download research reports and product information sheets for personal or academic research only; and
- Download audio-visual and video Content onto your personal computer or viewing device for your immediate, temporary, personal, and non-commercial use only.
Unless another license applies to you, you may use Content purposely made available by LakeMed for downloading from the Site, provided that you: (a) use the unaltered downloaded copy only for your personal, non-commercial informational purpose; (b) not make any additional representations or warranties relating to information contained in the downloaded copy; and (c) do not engage in any of the prohibited uses described below.
Additional Terms and Conditions Governing Site Use
The following are Prohibited Uses by any User:
- Posting unlawful or harmful content. Upload, post, email, transmit, or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Uploading malicious content. You may not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Unauthorized transmission or display of Site Content. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the Content of the Site for public or commercial purposes.
- Unauthorized export of Site Content. You may not use or export or re-export any Content or any copy or adaptation of the Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States securities and export laws and regulations.
- Placing an unreasonable burden on the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or LakeMed’s systems or networks, or any systems or networks connected to the Site or LakeMed.
- Concealing the Origin of Your Inquiry or Posting to the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LakeMed on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Copy or Scrape Site Content. You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
- Inappropriately Gaining Access. You may not attempt to gain unauthorized access to the Site or Content, other accounts, computer systems or networks connected to any LakeMed server or Content, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Content.
- Limited rights. Creation of derivative works and sublicensing of Content are expressly prohibited.
- Use not expressly authorized. Content may not be distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without LakeMed’s express prior written authorization. You may not harass other users, send them unsolicited messages for commercial prospecting purposes, use the Site or services for purposes of surveys, competitions, pyramid selling, or similar operations, or for sending mass e-mails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise.
- Use incorrect information. You may not use incorrect information, assume another person’s identity, services, or a public forum. You may not impersonate any person or entity, including, but not limited to a representative of LakeMed, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Use that exceeds the scope of these Terms. If LakeMed notifies you that the manner in which you are using the Site is a prohibited or unauthorized use, you may no longer use the Site for that particular purpose.
Monitoring of Site by LakeMed
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site or services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites
IN NO EVENT WILL LakeMed, ITS SERVICE PROVIDERS OR ITS PREFERRED PARTNERS BE LIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, FOR ANY INFORMATION (INCLUDING LakeMed INFORMATION), AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LakeMed, ITS SERVICE PROVIDERS, OR ITS PREFERRED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
UNDER NO CIRCUMSTANCES WILL LakeMed BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE OR SERVICES. LakeMed IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES.
LakeMed AND ITS SERVICE PROVIDERS ARE NOT LIABLE FOR INFORMATION ON THE SITE THAT IS INACCURATE DUE TO TECHNICAL DEFECTS IN SOFTWARE USED ON THE SITE, WHETHER INDUCED BY THEIR RESPECTIVE SYSTEMS OR BY SOFTWARE PROVIDED BY THIRD PARTIES.
If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.
Termination of Use
LakeMed reserves the right to terminate service to you without further notice or explanation if it finds at its sole discretion a violation of this Agreement. Your continued ability to access the Site does not constitute a waiver by LakeMed of rights under this Agreement.
Changes of Content and Terms and Conditions of Use
This Agreement and the relationship between you and LakeMed are governed by the laws of the State of Ohio without regard to any conflict of law provisions.
Severability of Conditions
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement will remain in full force and effect. LakeMed’s failure to insist on or enforce strict performance of this Agreement is not to be construed as a waiver by LakeMed of any provision or any right it has to enforce this Agreement, nor will any course of conduct between LakeMed and you or any other party be deemed to modify any provision of this Agreement. This Agreement does not confer any rights or remedies on any third parties.